Surely the fact that documents say that millions of people have been spied upon with such a program means that the judge should allow a case by an organization like EFF or HRW go through, even if the employees of that organization weren't personally affected by it? There should be a "for public interest" clause somewhere, or at least as an unwritten rule.

Following the current trajectory, surveillance is only going to grow as technology makes it easier and easier to gather more and more information without being noticed.